DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/05/2025 has been entered.
Response to Amendment
This office action is in response to the remarks filed on 11/18/2025.
The amendment filed 11/18/2025 has been entered. Claims 1-16 and 18 remain pending in the application, and claim 17 has been canceled.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4, 6-7, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Huennekens et al. (US 20140276684 A1) in view of Tolkowsky et al. (US 20140094690 A1, hereinafter “Tolkowsky”)
Regarding claim 1, Huennekens teaches a system, comprising:
a processor circuit (processor [0029]) configured for communication with an extraluminal imaging device (radiological image data [0029]; x-ray angiography [0007]) and an intraluminal imaging catheter (internal imaging modality, including IVUS [0007]; IVUS image data [0029]),
wherein the processor circuit is configured to:
receive a plurality of extraluminal images obtained by the extraluminal imaging device during movement of an intraluminal imaging catheter along a guidewire within a body lumen of a patient (A co-registration processor 30 receives IVUS image data from the catheter image processor 26 via line 32 and radiological image data from the radiological image processor 18 via line 34 [0029]), wherein the plurality of extraluminal images are obtained without a contrast agent within the body lumen ([0025]-[0026] discloses that a radiopaque material located near the probe 22 provides indicia of a current location of the probe 22 in a radiological image; [0029] discloses that x-ray angiography images are obtained using radiopaque marker image data), wherein the plurality of extraluminal images show the guidewire and a radiopaque portion of the intraluminal imaging catheter (A co-registration processor 30 receives IVUS image data from the catheter image processor 26 via line 32 and radiological image data from the radiological image processor 18 via line 34. … The co-registration processor 30 renders a co-registration image including both radiological and IVUS image frames derived from the received image data. In accordance with an embodiment of the present invention, indicia (e.g., a radiopaque marker artifact) are provided on the radiological images of a location corresponding to simultaneously displayed IVUS image data [0029])
receive a plurality of intraluminal images obtained by the intraluminal imaging catheter during the movement of the intraluminal imaging catheter ([0026]-[0027] discloses capturing intraluminal images using IVUS catheter);
wherein the plurality of intraluminal images are coregistered to corresponding positions along the guidewire shown in the extraluminal image (indicia (e.g., a radiopaque marker artifact) are provided on the radiological images of a location corresponding to simultaneously displayed IVUS image data [0029])
and output, to a display in communication with the processor circuit, a screen display comprising (graphical display device 50 [0031]):
the extraluminal image (the co-registered radiological and IVUS image frames are simultaneously displayed, along-side one another, upon a graphical display device 50. [0031]; shown in fig. 4 below);
an intraluminal image of the plurality of intraluminal images (the co-registered radiological and IVUS image frames are simultaneously displayed, along-side one another, upon a graphical display device 50 [0031]); and
a first marking disposed along the guidewire in the extraluminal image at a corresponding position of the intraluminal image (the co-registered radiological and IVUS image frames are simultaneously displayed, along-side one another, upon a graphical display device 50 [0031]).
Huennekens, however, is silent regarding:
perform co-registration between the plurality of intraluminal images and the guidewire shown in the extraluminal image, wherein an extraluminal image obtained with the contrast agent is not used to perform the co-registration,
select an extraluminal image obtained without the contrast agent from among the plurality of extraluminal images obtained without the contrast agent.
Tolkowsky is considered analogous to the instant application as “Displaying a device within an endoluminal image stack” is disclosed (title).
Tolkowsky teaches:
perform co-registration between the plurality of intraluminal images and the guidewire shown in the extraluminal image, wherein an extraluminal image obtained with the contrast agent is not used to perform the co-registration (order to facilitate co-registration of endoluminal data points to one or more extraluminal images, during (manual or automatic) pullback of an endoluminal data-acquisition device, extraluminal images of the data-acquisition device within the lumen are acquired. …. fluoroscopic images of the data-acquisition device within the lumen are acquired in the absence of contrast agent, and the fluoroscopic images are image processed in order to determine locations of the endoluminal data-acquisition device marker with respect to the lumen at the time of the acquisition of respective endoluminal data points. [0427]; the location of a moving, visible portion of the endoluminal data-acquisition device (e.g., a radiopaque marker on the data-acquiring portion of the endoluminal data-acquisition device) is determined according to its distance along a guide wire along which the data-acquisition device is inserted [0428]; [0352] further discloses identifying guidewire in the extraluminal image),
select an extraluminal image obtained without the contrast agent from among the plurality of extraluminal images obtained without the contrast agent ([0326] discloses that the extraluminal images may be manually selected; [0427] discloses that the extraluminal image used for co-registration can be acquired without contrast).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Huennekens to include perform co-registration between the plurality of intraluminal images and the guidewire shown in the extraluminal image, wherein an extraluminal image obtained with the contrast agent is not used to perform the co-registration, and select an extraluminal image obtained without the contrast agent from among the plurality of extraluminal images obtained without the contrast agent, as suggested by Tolkowsky. Doing so would facilitate co-registration of endoluminal data points to one or more extraluminal images, as suggested by Tolkowsky ([0427]).
Regarding claim 4, modified Huennekens teaches the system of claim 1, as discussed above. Huennekens further teaches wherein at least a portion of the first marking is disposed over the guidewire in the extraluminal image (radiopaque marker appearing in the co-registered images as disclosed in [0021]-[0031]; (indicia (e.g., a radiopaque marker artifact) are provided on the radiological images of a location corresponding to simultaneously displayed IVUS image data [0029]).
Regarding claim 6, modified Huennekens teaches the system of Claim 1 as discussed above. Huennekens, however, does not teach wherein the processor circuit is configured to determine a path of the movement based on corresponding locations of the radiopaque portion in the plurality of extraluminal images, wherein a shape of the path matches a shape of the guidewire, and wherein, to perform the co-registration between the plurality of intraluminal images and the guidewire, the processor circuit is configured to co-register the plurality of intraluminal images to corresponding locations along the path, and wherein the plurality of intraluminal images being coregistered to the corresponding positions along the guidewire comprises the plurality of intraluminal images being coregistered the corresponding locations along the path.
Tolkowsky, however, teaches
wherein the processor circuit (at least one processor configured to receive from the one or more extraluminal imaging devices [00312]) is configured to determine a path of the movement based on corresponding locations of the radiopaque portion in the plurality of extraluminal images (pathway-designation functionality configured to designate, within the lumen in the roadmap image, a roadmap pathway [0032]), wherein a shape of the path matches a shape of the guidewire (the location of a moving, visible portion of the endoluminal data-acquisition device (e.g., a radiopaque marker on the data-acquiring portion of the endoluminal data-acquisition device) is determined according to its distance along a guide wire along which the data-acquisition device is inserted, the distance typically being measured relative to the distal tip of a guiding catheter through which the guidewire and the data-acquisition device were previously inserted, and/or relative to radiopaque distal portion(s) (e.g., a radiopaque distal tip) of the guide wire [0428]), and
wherein, to perform the co-registration between the plurality of intraluminal images and the guidewire (order to facilitate co-registration of endoluminal data points to one or more extraluminal images, during (manual or automatic) pullback of an endoluminal data-acquisition device, extraluminal images of the data-acquisition device within the lumen are acquired. …. fluoroscopic images of the data-acquisition device within the lumen are acquired in the absence of contrast agent, and the fluoroscopic images are image processed in order to determine locations of the endoluminal data-acquisition device marker with respect to the lumen at the time of the acquisition of respective endoluminal data points. [0427]), the processor circuit is configured to co-register the plurality of intraluminal images to corresponding locations along the path (the location of a moving, visible portion of the endoluminal data-acquisition device (e.g., a radiopaque marker on the data-acquiring portion of the endoluminal data-acquisition device) is determined according to its distance along a guide wire along which the data-acquisition device is inserted [0428]), and wherein the plurality of intraluminal images being coregistered to the corresponding positions along the guidewire comprises the plurality of intraluminal images being coregistered the corresponding locations along the path ([0427]-[0429] discloses the process of mapping/coregistering the plurality of intraluminal images to a path; at least one processor configured: while the endoluminal device is being moved through the lumen, to operate the extraluminal imaging device to acquire a plurality of extraluminal images of the lumen; and to determine that, at times corresponding to the acquisitions of respective extraluminal images of the lumen, the endoluminal device was at respective locations within the lumen, by determining, within the extraluminal images of the lumen, locations of the at least one radiopaque portion associated with the endoluminal device with respect to the radiopaque markers of the reference tool [0139]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Huennekens to include wherein the processor circuit is configured to determine a path of the movement based on corresponding locations of the radiopaque portion in the plurality of extraluminal images, wherein a shape of the path matches a shape of the guidewire, and wherein, to perform the co-registration between the plurality of intraluminal images and the guidewire, the processor circuit is configured to co-register the plurality of intraluminal images to corresponding locations along the path, and wherein the plurality of intraluminal images being coregistered to the corresponding positions along the guidewire comprises the plurality of intraluminal images being coregistered the corresponding locations along the path, as taught by Tolkowsky. Doing so would facilitate co-registration of endoluminal data points to one or more extraluminal images, as suggested by Towolkolsky ([0427]).
Regarding claim 7, modified Huennekens teaches the system of claim 6 as discussed above. Huennekens, however, does not teach wherein the screen display comprises: a graphical representation of the path in the extraluminal image. Tolkowsky, however, teaches wherein the screen display comprises: a graphical representation of the path in the extraluminal image (Reference is now made to FIGS. 2C and 2D, which show, respectively, an example of a raw fluoroscopic image frame, and the fluoroscopic image frame with a plurality of features identified and classified therein, in accordance with some applications of the present invention. As indicated by the shapes of the features shown in FIG. 2D, the feature-identifying functionality of the processor typically classifies the identified features as potentially being a given type of feature. For example, the features indicated by stars 44 are classified as corresponding to the radiopaque tip of the guidewire, the features indicated by circles 46 are classified as corresponding to the guiding catheter, the features indicated by squares 48 [0352])
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Huennekens to include a graphical representation of the path in the extraluminal image, as taught by Tolkowsky. Doing so would facilitate co-registration of endoluminal data points to one or more extraluminal images, as suggested by Tolkowsky ([0427]).
Regarding claim 16, modified Huennekens teaches the system of claim 1, as discussed above. Huennekens further teaches the system further comprising:
the intraluminal imaging catheter, wherein the intraluminal imaging catheter comprises an intravascular imaging catheter configured for intravascular ultrasound (IVUS) (internal imaging modality, including IVUS [0007]; IVUS image data [0029])or optical coherence tomography, wherein the plurality of intraluminal images comprises a plurality of intravascular images ([0026]-[0027] discloses capturing intraluminal images using IVUS catheter);,
wherein the body lumen comprises a blood vessel of the patient (IVUS catheter, is inserted within the patient 10 so that its distal end, including a diagnostic probe 22 (in particular an IVUS probe), is in the vicinity of a desired imaging location of a blood vessel [0026]).
Regarding claim 18, modified Huennekens teaches the system of claim 1, as discussed above. Huennekens further teaches the system further comprising:
the extraluminal imaging device (external imaging modality [0007] x-ray fluoroscopy [0024]),
wherein the extraluminal imaging device comprises an x-ray imaging device (x-ray fluoroscopy [0024]),
wherein the plurality of extraluminal images comprises a plurality of x-ray images (capturing of multiple images disclosed in [0024]-[0025]).
Claims 2-3, 5, 8-15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Huennekens et al. (US 20140276684 A1) in view of Tolkowsky et al. (US 20140094690 A1, hereinafter “Tolkowsky”) and Eichler (US 20110230758 A1) .
Regarding claim 2, modified Huennekens teaches the system of claim 1, as discussed above. Huennekens, however, does not teach wherein the processor circuit is configured to: receive a user input selecting a different position along the guidewire in the extraluminal image; and modify the screen display to: output the intraluminal image of the plurality of intraluminal images corresponding to the different position; and move the first marking to the different position along the guidewire in the extraluminal image.
Eichler is considered analogous to the instant application as “System and method for determining the position of the tip of a medical catheter within the body of a patient” is disclosed (title).
Eichler teaches wherein the processor circuit (processor [0018]) is configured to:
receive a user input selecting a different position along the …(catheter) in the extraluminal image ([0007] discloses a user interface; [0050],[0053][0068] discloses user/surgeon selecting position of the catheter; [0105] discloses the surgeon selecting a position, which path is then displayed as depicted in fig. 5B ); and
modify the screen display to:
output the intraluminal image ([0052] and [0092] discloses that an IVUS is used to capture images, which are displayed/superimposed with a different image which is the output) of the plurality of intraluminal images corresponding to the different position ([0066], [0050]-[0054] discloses outputting the intraluminal image corresponding to the different position); and
move the first marking to the different position along the guidewire in the extraluminal image ([0040]-[0041] discloses updating the position of the catheter on the two-dimensional image; [0046] discloses that X-ray/extraluminal images can be captured; [0050],[0053][0068] discloses user/surgeon selecting position of the catheter; the superimposed images that show the marking/position based off the selected position 552N in shown in fig. 5B below, which is described in [0085]).
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Fig. 5B of Eichler reproduced above
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Huennekens to modify the guidewire such that the processor circuit is configured to: receive a user input selecting a different position along the guidewire in the extraluminal image; and modify the screen display to: output the intraluminal image of the plurality of intraluminal images corresponding to the different position; and move the first marking to the different position along the guidewire in the extraluminal image, as taught by Eichler. Doing so would facilitate navigation within a tubular organ.
Regarding claim 3, modified Huennekens teaches the system of claim 1, as discussed above. Huennekens, however does not teach: wherein the screen display comprises: a longitudinal view of the body lumen comprising a stack of the plurality of intraluminal images; and a second marking at a site in the longitudinal view associated with the corresponding position of the intraluminal image; wherein the processor circuit is configured to: receive a user input selecting a different site along the longitudinal view; and modify the screen display to: move the first marking to a different position along the guidewire in the extraluminal imaging corresponding to the different site; output the intraluminal image of the plurality of intraluminal images corresponding to the different position along the guidewire in the extraluminal image; and move the second marking to the different site along the longitudinal view.
Eichler is considered analogous to the instant application as “System and method for determining the position of the tip of a medical catheter within the body of a patient” is disclosed (title).
Eichler, however, teaches:
wherein the screen display (display [0045]) comprises:
a longitudinal view of the body lumen comprising a stack of the plurality of intraluminal images (The acquired sequence of the 2-D images is stacked in order to generate a 3-D reconstruction from the ultrasound images [0012]; fig. 5B, reproduced below, shows a longitudinal view of the body lumen 418 based off the intraluminal images, as disclosed in [0076] and [0102]) ;
and a second marking at a site in the longitudinal view associated with the corresponding position of the intraluminal image (fig. 4C, reproduced below, shows a longitudinal view of the body lumen 418 based off the intraluminal images, as disclosed in [0076] and [0102], there are multiple markings 460 which are multiple positions that correspond with position of the intraluminal image as disclosed in [0077] );
wherein the processor circuit is configured to:
receive a user input selecting a different site along the longitudinal view; and modify the screen display ([0007] discloses a user interface; [0050],[0053][0068] discloses user/surgeon selecting position of the catheter; [0105] discloses the surgeon selecting a position, which path is then displayed as depicted in fig. 5B ) to:
move the first marking to a different position along the …[catheter] in the extraluminal imaging corresponding to the different site ([0040]-[0041] discloses updating the position of the catheter on the two-dimensional image; [0046] discloses that X-ray/extraluminal images can be captured; [0050],[0053][0068] discloses user/surgeon selecting position of the catheter; the superimposed images that show the marking/position based off the selected position which is described in [0085]);
output the intraluminal image of the plurality of intraluminal images corresponding to the different position along the guidewire in the extraluminal image ([0052] and [0092] discloses that an IVUS is used to capture images, which are displayed/superimposed with a different image which is the output) ; and
move the second marking to the different site along the longitudinal view. ([0066], [0050]-[0054] discloses outputting the intraluminal image corresponding to the different selected position).
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Fig. 4C of Eicher reproduced above
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Huennekens to include wherein the screen display comprises: a longitudinal view of the body lumen comprising a stack of the plurality of intraluminal images; and a second marking at a site in the longitudinal view associated with the corresponding position of the intraluminal image; wherein the processor circuit is configured to: receive a user input selecting a different site along the longitudinal view; and modify the screen display to: move the first marking to a different position along the guidewire in the extraluminal imaging corresponding to the different site; output the intraluminal image of the plurality of intraluminal images corresponding to the different position along the guidewire in the extraluminal image; and move the second marking to the different site along the longitudinal view, as taught by Eichler. Doing so would facilitate navigation within a tubular organ.
Regarding claim 5, modified Huennekens teaches the system of claim 1, as discussed above. Huennekens, however, does not teach wherein at least a portion of the first marking is spaced from the guidewire in the extraluminal image.
Eichler is considered analogous to the instant application as “System and method for determining the position of the tip of a medical catheter within the body of a patient” is disclosed (title).
Eichler teaches wherein at least a portion of the first marking is spaced from the … (catheter) in the extraluminal image ([0079] and fig. 4C depict markings 462 spaced away from the catheter 464).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Huennekens to modify the guidewire, to include wherein at least a portion of the first marking is spaced away in the extraluminal image, as taught by Eichler. Doing so would facilitate navigation within a tubular organ.
Regarding claim 8, modified Huennekens teaches the system of claim 7 as discussed above. Huennekens, however, does not teach wherein the first marking is disposed along the graphical representation of the path in the extraluminal image.
Eichler, however, teaches wherein the first marking (580, fig. 5B; [0084]) is disposed along the graphical representation of the path (462, fig. 5B; [0084]) in the extraluminal image (570, fig. 5b; [0084]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Huennekens to include wherein the first marking is disposed along the graphical representation of the path in the extraluminal image, as taught by Eichler. Doing so would facilitate navigation within a tubular organ.
Regarding claim 9, modified Huennekens teaches the system of claim 7 as discussed above. Huennekens, however, does not teach: wherein the screen display comprises: a second marking in the extraluminal image representative of a beginning of the path; and a third marking in the extraluminal image representative of the end of the path. Eichler, however, teaches a second marking (464 2 [0080]),in the extraluminal image representative of a beginning of the path (the surgeon can determine a plurality of origins 464 1, 464 2, and 464 N (FIG. 4C) of the respective mapping paths 462 1, 462 2, and 462 N. Each of origins 464 1, 464 2, and 464 N are reference points, which can be for example, points on respective mapping paths 462 1, 462 2, and 462 N, [0080); and a third marking (464 N [0080]) in the extraluminal image (470; fig. 4C) representative of the end of the path.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Huennekens to include wherein the screen display comprises: a second marking in the extraluminal image representative of a beginning of the path; and a third marking in the extraluminal image representative of the end of the path, as taught by Eichler. Doing so would facilitate navigation within a tubular organ.
Regarding claim 10, modified Huennekens teaches the system of claim 9 as discussed above. Huennekens, however, does not teach wherein the screen display comprises a longitudinal view of the body lumen comprising a stack of the plurality of intraluminal images, wherein the second marking corresponds to an initial intraluminal image of the plurality of intraluminal images, and wherein the third marking corresponds to a final intraluminal image of the plurality of intraluminal images.
Eichler, however, teaches:
wherein the screen display comprises a longitudinal view of the body lumen (418, fig 4C) comprising a stack of the plurality of intraluminal images (he acquired sequence of the 2-D images is stacked in order to generate a 3-D reconstruction from the ultrasound images [0012]), wherein the second marking (464 2 [0080]), corresponds to an initial intraluminal image of the plurality of intraluminal images (Imager 406 acquires a plurality of pre-operational images 450 1, 450 2, [0075]), and wherein the third marking (464 N [0080]) corresponds to a final intraluminal image of the plurality of intraluminal images (Imager 406 acquires a plurality of pre-operational images 450 1, 450 2, and 450 N (FIG. 4C) [0075]; multiple images are taken, and multiple markings are produced within the image).
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Fig. 4C of Eichler reproduced above
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Huennekens to include wherein the screen display comprises a longitudinal view of the body lumen comprising a stack of the plurality of intraluminal images, wherein the second marking corresponds to an initial intraluminal image of the plurality of intraluminal images, and wherein the third marking corresponds to a final intraluminal image of the plurality of intraluminal images, as taught by Eichler. Doing so would facilitate navigation within a tubular organ.
Regarding claim 11, modified Huennekens teaches the system of claim 1 as discussed above. Huennekens, however, does not teach a fourth marking disposed along the guidewire in the extraluminal image at the corresponding position of a bookmarked intraluminal image of the plurality of intraluminal image.
Eichler, however, teaches a fourth marking disposed along the guidewire in the extraluminal image at the corresponding position of a bookmarked intraluminal image of the plurality of intraluminal image (Processor 402 produces a mapping path 462 1 from mapping positions 460 1. Mapping path 462 1 is an approximate representation of the trajectory (not shown) of the movement of distal portion 416 of distal portion 416 of MPS catheter 412, within tubular organ 418, at point 442 1 in the cycle of organ timing signal 440. Processor 402 produces a mapping path 462 2 from mapping positions 460 2. Mapping path 462 2 is an approximate representation of the trajectory (not shown) of the movement of distal portion 416 of MPS catheter 412, within tubular organ 418, at point 442 2 in the cycle of organ timing signal 440. Processor 402 produces a mapping path 462 N from mapping positions 460 N. Mapping path 462 N is an approximate representation of the trajectory (not shown) of the movement of distal portion 416 of MPS catheter 412, within tubular organ 418, at point 442 N in the cycle of organ timing signal 440. The memory stores mapping paths 462 1, 462 2, and 462 N. [0079]; there are 4+ markings 464 as shown in fig. 4C below).
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Fig. 4C of Eichler reproduced above
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Huennekens to include a fourth marking disposed along the guidewire in the extraluminal image at the corresponding position of a bookmarked intraluminal image of the plurality of intraluminal image, as taught by Eichler. Doing so would facilitate navigation within a tubular organ.
Regarding claim 12, modified Huennekens teaches the system of claim 11 as discussed above. Huennekens, however, does not teach wherein the processor circuit is configured to automatically provide the fourth marking in the extraluminal image in response to the bookmarked intraluminal image being bookmarked.
Eicher, however, teaches wherein the processor circuit is configured to automatically provide the fourth marking in the extraluminal image in response to the bookmarked intraluminal image being bookmarked (Processor 402 produces a mapping path 462 1 from mapping positions 460 1. Mapping path 462 1 is an approximate representation of the trajectory (not shown) of the movement of distal portion 416 of distal portion 416 of MPS catheter 412, within tubular organ 418, at point 442 1 in the cycle of organ timing signal 440. Processor 402 produces a mapping path 462 2 from mapping positions 460 2. Mapping path 462 2 is an approximate representation of the trajectory (not shown) of the movement of distal portion 416 of MPS catheter 412, within tubular organ 418, at point 442 2 in the cycle of organ timing signal 440. Processor 402 produces a mapping path 462 N from mapping positions 460 N. Mapping path 462 N is an approximate representation of the trajectory (not shown) of the movement of distal portion 416 of MPS catheter 412, within tubular organ 418, at point 442 N in the cycle of organ timing signal 440. The memory stores mapping paths 462 1, 462 2, and 462 N. [0079]; there are 4+ markings 464 as shown in fig. 4C below, it is on the extraluminal image and is processed automatically as disclosed in [0079]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Huennekens to include wherein the processor circuit is configured to automatically provide the fourth marking in the extraluminal image in response to the bookmarked intraluminal image being bookmarked, as taught by Eichler. Doing so would facilitate navigation within a tubular organ.
Regarding claim 13, modified Huennekens teaches the system of claim 12 as discussed above. Huennekens, however, does not teach wherein the bookmarked intraluminal image is manually bookmarked based on a user input received by the processor circuit.
Eichler, however, teaches teach wherein the bookmarked intraluminal image is manually bookmarked based on a user input received by the processor circuit ([0050] and [0068] discloses the user/surgeon registering/selecting/bookmarking the position with a pointing device).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Huennekens to include wherein the bookmarked intraluminal image is manually bookmarked based on a user input received by the processor circuit, as taught by Eichler. Doing so would facilitate navigation within a tubular organ.
Regarding claim 14, modified Huennekens teaches the system of claim 12 as discussed above. Huennekens, however, does not teach wherein the bookmarked intraluminal image is automatically bookmarked by the processor circuit.
Eichler, however, teaches wherein the bookmarked intraluminal image is automatically bookmarked by the processor circuit (Processor 402 produces a mapping path 462 1 from mapping positions 460 1. Mapping path 462 1 is an approximate representation of the trajectory (not shown) of the movement of distal portion 416 of distal portion 416 of MPS catheter 412, within tubular organ 418, at point 442 1 in the cycle of organ timing signal 440. Processor 402 produces a mapping path 462 2 from mapping positions 460 2. Mapping path 462 2 is an approximate representation of the trajectory (not shown) of the movement of distal portion 416 of MPS catheter 412, within tubular organ 418, at point 442 2 in the cycle of organ timing signal 440. Processor 402 produces a mapping path 462 N from mapping positions 460 N. Mapping path 462 N is an approximate representation of the trajectory (not shown) of the movement of distal portion 416 of MPS catheter 412, within tubular organ 418, at point 442 N in the cycle of organ timing signal 440. The memory stores mapping paths 462 1, 462 2, and 462 N. [0079]; there are 4+ markings 464 as shown in fig. 4C below, it is on the extraluminal image and is processed automatically as disclosed in [0079]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Huennekens to include wherein the bookmarked intraluminal image is automatically bookmarked by the processor circuit, as taught by Eichler. Doing so would facilitate navigation within a tubular organ.
Regarding claim 15, modified Huennekens teaches the system of claim 11 as discussed above. Huennekens, however, does not teach: wherein the screen display comprises: a longitudinal view of the body lumen comprising a stack of the plurality of intraluminal images; and a fifth marking at a site in the longitudinal view associated with the corresponding position of the bookmarked intraluminal image.
Eichler, however, teaches:
wherein the screen display comprises (410 [0081])
a longitudinal view of the body lumen comprising a stack of the plurality of intraluminal images (The acquired sequence of the 2-D images is stacked in order to generate a 3-D reconstruction from the ultrasound images [0012]; Display 410 displays superimposed pre-operational images 470 1, 470 2, and 470 N. [0081]; displays view as shown in fig. 4C below);
and a fifth marking at a site in the longitudinal view associated with the corresponding position of the bookmarked intraluminal image (Processor 402 produces a mapping path 462 1 from mapping positions 460 1. Mapping path 462 1 is an approximate representation of the trajectory (not shown) of the movement of distal portion 416 of distal portion 416 of MPS catheter 412, within tubular organ 418, at point 442 1 in the cycle of organ timing signal 440. Processor 402 produces a mapping path 462 2 from mapping positions 460 2. Mapping path 462 2 is an approximate representation of the trajectory (not shown) of the movement of distal portion 416 of MPS catheter 412, within tubular organ 418, at point 442 2 in the cycle of organ timing signal 440. Processor 402 produces a mapping path 462 N from mapping positions 460 N. Mapping path 462 N is an approximate representation of the trajectory (not shown) of the movement of distal portion 416 of MPS catheter 412, within tubular organ 418, at point 442 N in the cycle of organ timing signal 440. The memory stores mapping paths 462 1, 462 2, and 462 N. [0079]; there are 5+ markings 464 as shown in fig. 4C below).
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Fig. 4C of Eichler reproduced above
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Huennekens to include wherein the screen display comprises: a longitudinal view of the body lumen comprising a stack of the plurality of intraluminal images; and a fifth marking at a site in the longitudinal view associated with the corresponding position of the bookmarked intraluminal image, as taught by Eichler. Doing so would facilitate navigation within a tubular organ.
Response to Arguments
Applicant's arguments filed 11/18/2025 have been fully considered but they are moot.
Regarding the 35 U.S.C. § 103 rejection of claims 1, 4, and 16, and 18 on pages 7-9 applicant arguments are premised upon the assertion that Huennekens or Zarkh does not teach the newly added limitation regarding “between the plurality of intraluminal images and the guidewire shown in the extraluminal image, wherein an extraluminal image obtained with the contrast agent is not used to perform the co-registration”. This argument is moot in view of new grounds of rejection which relies upon Tolkowsky et al (US 20140094690 A1, hereinafter “Tolkowsky”) to teach this limitation. Accordingly, this argument is moot.
Regarding the 35 U.S.C. § 103 rejection of the remaining dependent claims, applicant arguments on page 9 are premised upon the assertion that that the claims are allowable due to dependency on an allowable independent claim. The examiner respectfully disagrees for the reasons discussed above.
Conclusion
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/N.B./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798